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SPEECH 



<»F THK 



GOVERNOR OF MAINE Groye^v^otr 'S'^?" 






BOTH BRANCHES OF THE LEGISLATT RT?, 



JAAX ARY 8, 1839. 



Winied by order of the Senai*- 



PORTLAND. 
Printed by Thomas Tixld, Slate ]>riiiter. I'nion Stre«', 



.h'2'13 



Ix Se.nate, January 8th, 1829'. 

Ordered, Tliat the Secretary of tlie Senate cause to he printed :iOO 
copies of tlie Governor's Speech for the use of the Memhersof the Senate. 

Attest, 

E. HUTCHINSON, Sec't/. 



SPEECir. 



Gentlemen of the Senate, 

and House of Representatives : 

AssEMBLKD here as the guardians of a young and growing Common- 
wealth, it is gratifying to remark that yovn- (hities relate more intimately 
to i)r(>tccting,_cherisliiii<;-, and educating, than to iegisjatingfor tlie deterior- 
ating or corrupted. \\ itii a Constitution and laws .so lornied as never to 
have warranted any objection to their republican character, and but rare- 
ly to the wisdom of their authors, it wouhl be ingratitude to propose any 
speculative views, as it would be i-ashness to adopt any ex])erimenlal 
arrangements, either of hope or discontent, which might operate against 
om- existing system. 

I am authorised by facts to congratidate you on this occasion, not only 
on the continued success of our own municipal regulations, dispensing, 
as they comnifudy do, the primary securities of all that law is destiueii to 
gnard and jjreserve, in its imi)artial beneficence, but to accord to the 
United States the acknowledgment of its cherishing intiuence. 

Some of tlie measures, however, ot' tlie Congress formerly assembled, 
have been thought to be not simply prejuilicial in a national \ iew, Imi 
exceedingly unequal in their hard ])ressure on this part of our L'nion. 
Without presuming to rpie^tion and not (h»nbtiig tlie high integrity and 
al>ility of the assembly which made tiie Tai itf, and being disposed to 
yield a venerating submission to its (vcntnai decision, it is hoped you 
will seriously inquire wiiether or not iherc lia ; been a sacrifice made to 
the cuiMdity of manufaclurers and the aml)iiion of politicians ; ami it \<:n 
shall discover there has been, that you will deilare accordingly tht beliei' 
that you may entertain. Yet with every advantage given to hioited inter- 
ests, first claimed and then allowed by tli<'-<'. if -nrh there are, who act on 
J-uIes opposed to jiatriotic sentiment, Maine may defy competition, be- 
cause she lias superior means. She has at least, strong enconragement 



4 

to cugnge ill a (ViciKlly rivalsliij), and has only to ai>|)eal to her ifisonrce!! 
her eniorprisf, licr economy, and her iiidnf.ti-y, wlienever sslie will rest on 
those snp(toit>. it has been -stated in several jjnblk- and some official 
conunniiications, that the Tariff' ought to l)c reoisted as unconstitutional. 
Witli irreat res|)ect it is suggested that the argument, presseil as it has 
been to dangerous consequences, ought to be more carefully used- 
A\ hen disunion is threatened on this account, it seems requisite to declare 
the conviction that tiie Tariff is a discretionary measure, to be corrected 
on policy and not on conr^titutionality. The Soutlieru disunioniatsrely on 
tliemotive of a vote in their constitutional argument, and talk of resisting 
the Tariff tor what was designed by it. It would be more nearl\ rational 
for the violent men who thus oppose it to regard its action, than the mo- 
tives to wliich it ()we> its parentage. That a congressional measure be- 
ing adopted luider the combined constitutional authorities, should be 
submitted to, is believed to be the only safe doctrine; yet in a case of 
mere I'residential and Senatorial actitii, there might l>e oljections to a de- 
cision as there are in tlie case of the exposure of our North Eastern 
Boundary. It seems at last to be the correct idea, that a Tarifl", although 
constitutional, yei being for partial if not for national revemie. as if for iron 
in one jt'.ace and hemp in another, upon an interested compromise be- 
tw(!en those \yho can turn the scale of party power, is not suitable t<i the 
origiuid intent or present of)icct of govenunent. As to our mainitactures 
in single fauiilies, there can be no d<jult of iheir snptrlative utility, and 
of the j)ropriety »)f ev( ry jiraetical inducenlent to their encouragement in 
every family of the country, according to its taste for t!ie u?e!\d or the 
ornamental. 

.\tnoiig the jtolitical pro\ isions (or prescr'.ing the health of our com- 
innnity, is that of Senatorial repre.sentation. By Senators in Congress 
M^e represent our aggregate and consolidated population and its conmion 
and combined wants and demands. It is, as you know, the Senatorial 
representative who is to appear for us all against ijivasion of the sover- 
eigntv which belongs to our re|)ublic, and who is most es|)ecially reqifu'ed 
to resist tlie construction which might commence, or tli" violence which 
might accomplish the overthrow of the ])rinciple> on w hi( li our welfare 
may dejtend. 

The recent election ofa successor to the incumlii nt in the Presidential 
chair, the election of one who is to couimand our army and navy, direct 
our negotiation wit'n all tli;- countries with wliom we make treaties em- 
hraciiii;- the civiii/.ed wmld. and who disjienses the dangerous power that 
ofhceseekers are corrujited w ith, calls on me to notice w itii a serious in- 
terest the vacancy w hich has occurred, and that w hich will soon occur, 
in the places you arc entitled to fill in the Senate of the United States, it 



has been urged tliiit to fill tlie rxistinu: vacanc\, anlxMiiMtorial aiitlidiify 
siioiiUI have l)eei» aii])licil ; liiit it was llioiijrlit to he resp<Ttt'iil to the 
4)eu|)li', not viohitniir any f»l)ligatioii, and ialni!ale<l to he most u.-<el"ul not 
to anticipate your dt cisinn, hut to leave the (iid>ic( 1 without any einhar- 
rassinent, sueh, as nii{;ht, |><riiaps havf hern eifctrd. As, JiowcviT, there 
are many siihjeets under llir in\estigatioii ot'tiie Senate, in llie un ision 
ofvvhieh the participation olonv Representatives oiiglit to he admitted, 
and would uudonhtedly he heneticial, I tioni tills moment renounce a 
painful re>i)ousi!iiiity and anxious concern hy a reference to the patriots 
ism and the wisdom you w ill appl\ in the case. It is now yoiu-s entirely. 
As such remarks are usiiallv dei-med peiliueut to the occasion, allow 
jue to say, \\ilhoul undertaking to e.xhihit minutely the as|)ei t of our 
national allairs, that it is sueh,as to warrant an> man in being proud tiiat 
he is a eiti/.en of these United States. A mi. re rapid course of proHi)erity 
hy a pacific jiolicy and not h\ conquests and military achievements, in 
imitiial reirard. imder good laws,and a good adiifniistraticn, may without 
extravagance be prononnce<l to be un|>aralled hy all that history attests. 
To every repnbli<an it nutst be grateful to l)e persuaded that this is the 
efiect of public virtue, the result of respecting that which in its natme 
is res|MiCtable. It would he assuming too nnich to present the testi- 
monies of a coimiiou prosperity, hut it ma\ not be so, to refer generally 
to the docimients recently presente.l toour federal le;risiature as proofs of 
distiniiiiished success in accomplishing tliP purpose cd" govermcent, in 
executiu;: the sublime theory that the majcrily of the whole should j.re- 
-scribe, and the beip'dt ot'ihe whole he the ;iim and en I. Among those 
doci!iuem> howevf . is one relating to the fortiticatiou of Maine in con- 
nection with the «)bject of common defence, which although not new, 
may f)e v>()rthy at present of an attention w hi<'h the couiury ma\ be more 
disjtosed to |iay to it than it would have been at an earlier period". When 
the Kngineers employed to form a plan for the nation, as to its de- 
fence l)y ufditary means, made their observations, although meii of high 
talents and intendiiii;- only to do riglit, they neglected to report favor.ddy, 
and as it is believed, undoul>tedly as circumstances now are, the best 
opinion in all its relations as to the security of our priucij)al river the Pe- 
nobscot. Yet it is eviileiiT that an enemy might easily advance to Ban- 
gor, and would control, hy a suceessfid movement, of that kitid, what is 
to be our (Mimmercial capital, and Itevfiid that, a most valualde and ex- 
tensive territory. In liict an enemy controling the naviiiahle waters of 
the Penobscot, aiid the towns on its borders, would have at comiti.;nd the 
resjion above. It seems therefore proper, when it is saiil hy the l]i<i;i- 
ueer^ <d' the Army, altliough eidightened and scientific as they are, that 
the defence of the Penobscot should be a postponed and a remote object. 



6 

th-it \vp slioiild I'.vliihit the case in the coniparisou which existing riniiin. 
st.iMce.s in;iy reiuler advisable, aud tiie more readih because we know 
that it innst not be for a selfish objert, but a general end, that this vie\r 
shiidd be approved. 

[l is wiili particular gratification that I acknowledge the execution of 
tiic Ixesolve providing for what is usually denominated the 3Iattanaw- 
cook road. The hberality of the United States in its approjniation for 
the continuance of that great tliorousjlit'are, creates a reciprocal obliga- 
tion to uieet their views and to conipleve the object, if any additional 
grant .shall be required. 

The last Legislature, for whom the feeling of respect for the intelli- 
gence with which it devised, and the harni<!ny with w hich it adopted its 
measures, cannot be too fully acknowledged, engaged in the most unre- 
served maruier in support of the establishment of our North Eastern 
Boundary. There is reason to beheve that the expression of its senti- 
ments was so salutary as to have attracted the attention of the nation, 
and to have commanded its ajijirobation of the exertions hitherto made, 
and which are pledged for preventing any usurpation. In addition to this 
the President has yielded every possible sujjport. A garrison has been 
established on our frontier, an Agentfrom among ourselves has been ap- 
pointed for imrposes in vvlii( h his diligence and ability have been calcu- 
lated to be exceedingly valuable, a niilitary road has been provided for, 
and the case of our fellow-citi/.en, Baker, lias been assumed under the 
})areiital care of the United S?tates. To that individual, in policy and jus- 
tice there is due an indemnity for the violence which at one time seemed 
to have recpnred that the gaol at Frederickton shoulii have been opened 
by coercion. As affairs now are, it rests on the magnanimity of Con- 
gress not to allow him to suffer under the very mistaken a})plication of 
foreign power, or on you to provi>ie for him, or to permit the last and 
most exceptionable resort, that a man who has been oppressed uiifler 
the injustice of a neighboring government shall suffer in the commoa 
cause. It ought also to be stated that the advances of money auihorized 
by yoia- immediate j)redecessors for the use of Baker, ha\e been returned 
by a payment from the National Treasury without objection, and Avith 
the cheerful acquiescence in the request, made more valuable from the 
Roman virtue disjtlayed by the adoption, as a common one, of the cause 
of a humble citiren, than by any other consequence. 

The decision of the dispute as to our North Eastern Boundary is re- 
ferred to the King of the Netherlands, and while I submit that no refer- 
ence ill such a case was warrantable, yet there seems to be no objection 
to the personage .selected ; tor how can he, the subject of impartial liis- 
tory, and not apparently dependent on any advantage from either party, 



lii'iii<r J»n umpire between nations, act but as the map^imniinoiis dispenser 
ot" justice, who has tlie power to achieve the ?iiost triorioiis victory by tlie 
siipi>ression of tlie most extreme error ? How can lie act but in the l"e;ir- 
lessness of his integrity, the incorruptibility of liis virtue, the rliscrimiiia- 
tion of Ills jiidginent, and for tJie honor of his throne. By his cliaracter 
he must be judged more favorably than to anticipate wrong. 

It would seem to be im])roper with reference to the sentiments liere 
entertained, to omit any o|)p()rtunity of repeating the views, most sojfinn- 
ly believed to be correct, as to tiie Massachusetts C'laim.that is to sav, of the 
claim for an allowance of the services of our Militia during the late war. 
No one will deny that the soldiers who came, for instance, fi-om the truly 
repiddican district of Oxford, for the defence of Portland, either advanc- 
ed to their jiost or acted on any motive but that of the most disinterested 
patriotism. They undoubtedly marched to the seaboard only to resist the 
invasion of a common enemy. It is equally evident from arithmetical 
calculation that if they have been paid from the treasury of Massachusetts 
they have in fact been paid in the unequal proportion of that treasury to 
the conunon treasmy of the whole country. That their patriotism should 
be taxed for mere official defaidts, would be so discouraging as to similar 
exertions, that it would be at least impolitic. Indeed if we do not admit 
the doctrine most unfortunately urged by Governor Strong, it cannot be 
denied that the Militia, whenever in a war they shall act against the na- 
tional enemy, have a just claim on the nation for rendering it jirotection, 
the protection of a part being that of the whole. Why this claim is so 
much neglected I know not ; but that it should be urged, if the view 
presented is correct, is siduriitted to your wisdom. 

The subject of the Militia although a trite, perioilical and popidar 
theme, is noticed oidy because it deserves the attention it receives. You 
must be informed that many persons very sincerely believe that tiie 
present re((uisitions on its services might in a considerable measure be 
dispensed with without injury. To this sentiment with great respect for 
those who are urging it, a decided dissent is offered. The revolutionary 
examples, and exjierience, the constitution, the dictates of republicanism, 
the erjuali/.ing influence of the system, all demand, in the largest prac- 
ticable proportion of popidation, an armed and trained militia. The ex- 
tensive frontier of the State, which no regtdar army can defend, warns 
us to rely on the courage and means of the whole people, who ought to 
be ready and able, at least, to the extent that the soldier of a regidar ar- 
my will be, to secure their countiT from usur|>ation, or lo resist its inva- 
sion. In the last war if such a sentiment had not prevailed, and but for 
the preventive eflfect being fortunately far superior to tbe corrective ac- 



8 

tion, ;iii(l it hein? known tliai an Jirnied yeomanry properly organized i» 
a (lanijeroiis toe, we should have bccoiiic a I'mv ince. 

Wisliiuor however to avoid ar^iuiK nt, |iorniit me, as ronstitutionally 
bonnd, to lay before you briefly the ol)j('rti(ins it has lieconie neeessarv to 
state a<>ainst the repeated and in-Jieiit demands for a legislative subver- 
sion of our present military establisliinrnt. to be followed as mav !><> 
feared by the imposition of one ealenlate<l to be dansferiMis to otrr lii)er- 
ties, that of a militia orira:iized and paid directly ami exrinsively by the 
United States, who will in the end tempt the States to that fatal mea- 
sure, as they have been temptinjr in other eases. 

The civil and social etFeets of onr militia arransrements, are not less 
calculated to sustain our institutions, than can be couraire and discipline 
to defend the country. 

Never was there an instance of the overthrow of despotism without a 
militia, nor an efficient militia without trainings. 

In every case of danger from tlie time ol' alarm before the revolution 
to this period, s^pecial pie jiaratio) I has been made !>y trainings, and we 
ouaht always to be spei ially ])repared. 

Trainings lead to that acquaintance between Officer and Soldier,which 
fits them more advantageously to act together, both in preparatory mea- 
sures and final procedures. 

Military duty, if for the ecpiivalerit of dpfenee and for freedom is no 
more a hardshiji than any tax ; and if lor the common good, no tax is a 
hanUhip, but a benefit. 

The inequality urged against tl.is mean of resistance to invasion or 
domestic tyranny, does not exist, because in other cases property is taxed 
for persons, and in this case persons are armed in part fo resist the ten- 
dency to aristocracy an I usurpations, and thus a balance between the dif- 
ferent orders of society is adjusted. As to discipline, although it is urged 
to be too imiierfect for any valuable effi^ct, I have only to assert my con- 
viction, that with the exception of scientific objects it is sufficiently good 

As to commissions, th;'y ousrht to be considered a >-• the hallowed nnmi- 
ments of an honest and pojiular credit, to last to tuture limes, as should 
be such elections as have placed us here, being the testimony of our 
countr\inen tliat they deem us worthy to be emjdoyed. 

These projio'^itions would appear to be offered in supererrogation, if 
tlM'V bad not reference to an obji-ct, or rather to an opinion which, il*you 
shall not approve it, you will not, it is hoped, censure tlie submission of it 
to yom- better judgment, especially as the object is to prevent the trouble 
and expense of Courts Martial, now considerably burdensome to the 
State. 

The private, as you know, is compelled to his post, and amenable not 







only on tho principlo .is vaIua])K' and doar lo liiiii as to liis coininaiKlci . 
of lionor ; luit liis inuue.st is nl;<o plcdifpd in liis lial)ilili(s to i'liuit. ami 
costs, to loss of time, c.xpcn.-cs and iiicduvcnioncfs. Sii.li is a v< ry im- 
perfect view of the condition of tiic private. As to the olHccr, let mc 
freely present tlie contrast. \\ C li.ne iimiowed fiom tlic rcLmhir army 
where oHicers ser\<' miilrr [iny iind milcr mucli of dei)rndence in char- 
acter and interest on their ti(l<'ii;y, the idea, that casliierinir nnist !)<• 
»»qnally fi>rinidable witli us, and that pride of character is a siitiicient se- 
curity ajrainst an exposure to so unfortunate a result, licheving- tliis 
impression tii l»e wrotic", wliile I am hound to fujiuow l("<lge the ureat 
worth of mu" corps of otlicers, it ai)pears a lu^cessary result of the (i-mi-a- 
rison to prop(»se for your consiflerriti mi tiie pro\idinir for tiicin a similar 
lia'oility to liiat of soldiers. As far as relates to those otiicers who re- 
reive a compensation for service, it woidd noti»eein to be a violent inno- 
vation to take the course proposed. This re^-ervation has however been 
kept constantly in view that tiie power to tine and impose cost should be 
discretionary at the conunoncemeiit of sueli a system witli the Court, and 
as one citi/.eu, I would cheeri'ully consent if the pulilic shall unjustly 
prosecute a defendant, that he shall have the same right as exists be- 
tween individuals, the right of indemnit}'. 

The difterent o])inion.s as to this valual)lc institution have seemed to 
challenge the exhibition of those of the otliceis honored by a jfiint oflicial 
association with the soliiiers and Icyisialors of tin; State, but there is an- 
other object of no inferior conser|uence now to be noticed from views in 
some resp<!Cts quite different. It is, after olfering my conjrratidations on 
the success of the measures required to promote education, especially in 
our primary sc'iools, that of a juoccdurc by the Gardiner Lyceum calcu- 
lated, with sujlitiont encourajreuient to jHodiice most valuable conseiiucn- 
ces. That Seiriinary of ])reparatory instruc-tion in the arts, and partieu- 
lariy in rnrriiuliure has conunenced, as T have jneid(Mitally learned, a 
jysteni of |)romotinir by premiums the production of particular articles ol' 
the soil. For various reasons no mode of public assistance so well de- 
serves public patronaire. The article, to which, as essential to commer- 
cial and other interests, that estim!d)!e semiiuiry has directed its attention, 
is the article ot' hemp, to w lii( h t];\\ oiialit to be added. These ^^nll!d 
from succj'ss in cidtivating and manufacturing them can e a revolution 
by which New England wotdd lie independent of the; world, ."ind there- 
fore never fretful and jealojis, as being united with it. Above all, she 
might safely say, to our brethren of the Poutli, " if you shall choose non- 
interconre as to oiu* manufactured we will holdcurschis at IIIk i ty lo !ea\e 
your cotton on your wharves," and ]>erhaps if might be well to alil 
''your sugar." ••I.etusli!- friends. Ii:it weuill not allow to your iiiipa 



lU 



licijt iiiil.M- i.i'i.iri|K'i;iiiuMii ,iii\ i-lijiiices of severing this Union. Wr Avill 
I'omiiiiiiJil siiili lucaiis tliiit you .--liall not prctiiiiiK! to Jiope aiiv tliinif as to 
iiiiijairiiig tiic Coii.stiiiitioii our fatliors be(|U('atlit(l, lidni tlie Icars of an 
interested cotnirxion in |)ur,-!ia-<in-.,' and SL-Iiin;r." To unequal duties 
however, to an u'liiiii- reveinie system, if you can call me to couenrrence 
in n\i\ other oltjection, it will not lie i-efiiscd. "jCt it seems to ni<- ilie 
hiet, tiiat the sutlici«>nt ai>|x.-al is to the extejisivejiess and fertility of our 
lands. Iji our population occupying them, and its ciuiracter is always u 
Jiealthful security, iMaine ought to he a re])nhlic safe; in itself. 

It i< not designe.i so swell this cominunicaf ion h\ muiecessary remarks, 
;:n(l it is thereibre only snhjoined on this topic that the conliding and re- 
spectful regard wiiich should he i)aid to ea<h other by the States, and hy 
them to the nation, should not be considered as execiirively coinpromitted 
by what has been urged. Yet on the other hand, that there should be no 
trespassing violence, no se<tiiHia! anibition or jjroscriptiou, no dishonora- 
ble coiapetiti'Mi ; l)nt that tiiey should be resisteil always by means cal- 
Ciilated to |)eri)etuule the blessings and secure the glory of the country. 

iii ionising to the snbjectof education is the dissemination of knowledge 
in euM-y form. It be(;oines of consequence a duty to commend to your 
patroiiage two works, my acqtiaintauce with one of \\ Iiicli convinces my 
judgment that its wide distribution through New England woidd so add 
to the spirit of immigration and the value of our lands as to tiirow out the 
coi'c-iieration of the cost. I allu'Ie to a statistical work by Moses (jreen- 
li.'af, v.Iio?e eminent a!)ility and distinguished topographiial knowledge 
\\ ili be also illustrated by u map appurtenant to the work above men- 
tioned. 

ft is with pleasm-e too that the liberal spirit with whiidi instruction and 
the diffusion of knowledge has been acted upon, is oll'ered as warranting 
the recommendtttion to your enconragement of a History of the State, bj- 
William D. NViUiumson. Assuch, audit is oidy known to me that one is 
nearly i;rei)ared, it cannot, as is respectfully suggested be le>s than 
hoiiojable. if a nn isit^n should authorise such a sanction, ami the char- 
acter of the Mutlior leads against doubt, to aid in extending its circu- 
lation. Th(! jjroiiuction will bo submitted to your consideration. 

F"o!n re'ljact, to coinmiinications made to me and to the nature of 
the ?tiibject; it has become almost imperative to oiler some sentiments as to 
ill." relations of debtor and cn.'ditor, and as to our penal code. Regard- 
ing the ferii'cr suliject, in a young State, credit is its capital ; but credit 
mI■.^t i!ei)«tr;dtl;cre on the laws which bind its pledges, on the stern justice 
vyhieh, being superadded »o tiie inllnence of honor, is the barrier to 
.teniptaiion and t!ie terror- of liand. (hnitting therefore the cases of 
•iiisf.irrune. w hieii tlu- cunscrvaiive moral sentiment, and reselling syni- 



11 

patliics ol' society usually provide for, it may he feared that the pracjticc 
of easy, iiiaiiaiiealilc r()iii|)usitioiis with creditors may l>f iiuhil;r<'d to a 
degree to impair the charai ti>r of our State. Tt is especially to he so 
a|)prehended when we reflect that the wary and pnidciit do not iisually 
helong to the losing party, Imt tliat the henevolent and confiding, the 
good and generous, are conimoidy there engaged and there devoterl. If 
yon can prev<Mit the long distress r.nd dreadful saciifice of families who 
fall a prey to the adventurous and tlie rash, if you can save the kind, 
the unsuspecting and the ignorant, from the cinming, the dishonest or 
the careless, surely you w ill he disposed to do it. In that view and none 
otiier is the present (Idctrini^ and practice as to assignments to creditors, 
.«uhniitted to your correction as heing suhstantially \\ iiat is called an 
insolvont law, which might he improved or aholished with advantage. 

In coiiiu-cti<)n with this is the latter sTd)ject, our penal code and all 
that relates to tlie jienitential estahlishnient at Thomaston. I lia\e 
feared that the executive dcpaitment may he considcri'd as not having 
done enough under the special authority willi wliicli it has been invest- 
ed. The facts however will he fully exhihited and it is noAv committed 
to your wisdom to regulate the future proceedinirs, as well as to deter- 
mine on the jiast. It is helieved that your attention to the subject is re- 
quired by llic facts, the developement of which may ])robably be most 
advantageously dispensed with on this occasion. The documents which 
Jiave been obtained will be left on the table. 

There arc several other subjects, requirmg in some mode executive e\- 
])lanations, because they have been submitted to executive direction. 
siuii, for example as the New Hampshire I>onn(iary, and ilic ind)lii- 
buildings ; but as there are donnncnts in all these cases it is presumed 
that the sid)mission of those l)y leaving them in your possession, may be 
as agreeable and useful as any other mode of comnnmication. It should 
however be mentioned that the })eculiar advantages of the place for our 
public buildings, nrv cniiaiiccd by the discovery of a granite quarry on the 
site selected. Yet you will perceive that the ai)propriation of land made 
by the last Legislature has fallen short of the ohjcci intended, although 
the final expense of a sim])le, sidid and convcnieiil -tna ture will lie much 
dinnnishi'd by the discovery named. 

.\lio\\ mi" to subjoin as a general obsersation that ui> one can be more 
fully conscious tlian myself that we are acting in luhaltdt' a State emi- 
nently nM|niriiig the aid of vigilance, prudence, public spirit, inttdlegcnce 
and an im|>aitial integrity in tiie administration ol'its goveiiuuent. He 
who will justly anticipate the vast production i>f good or evil in such a 
$oil, will be careful as to what heshall jdant. Xnd .ilthough the intrench- 



12 

merits we have formed and tlie men who guard them may be destroyed, 
it i=> a consolation to hpiicve that such an eflect cainiot soon or easily 
he ])roduced and not until the beauty and the benetit of agriculture and 
the arts, enjoyed under equal rights, shall Jiave distrilnited much of hap- 
l»iness. 

ENOCH LIM OL\. 
CocKcir, Chamber, } 

Porfland, Januan/ 8th, 1829. ^ 



The Conimiltee, to whom was referred so much 
of the Governor's Speech as rehites to the North- 
Easterii Boundary, have had the same under con- 
sideration, and ask leave to 

REPORT. 

That the people of this State fully appreciate 
the importance of ascerting their just rights to the 
large and valuable tract of country at the north- 
eastern angleof our State which is claimed by the 
British nation. — This territory contains about six 
and a half millions of acres — about one third of our 
State — is well watered by the St. John river and 
its tributaries, is valuable for its fine timber, and 
still more so for the excellence of its soil, and is 
destined, at no very distant day, to support and sus- 
tain from its own productions, a body of farmers 
equal in number to that of any other tract of coun- 
try, of the same extent, in New-England — our ti- 
tle to this territory was, until recently, not only 
unquestioned by the British Government, but was, 
in numerous instances, expressly recognized by it. 
Their claim to it seems to have had its origin in 
that modern, but detestable doctrine, that " what 
convenience requires, policy sanctions." 



The mass of farts and documents, collected and 
embodied in a Report made to our last Legisla- 
ture in relation to this subject, was well calculat- 
ed to rouse the attention of the people of the Unit- 
ed States, and especially of this State, to this in- 
teresting object, and to produce conviction in the 
minds of all, that no intelligent man or tribunal 
can, by possibility, decide this important ques- 
tion against us. Our Commissioners, who ne- 
gotiated the Treaty of Ghent, having no suspicion 
that this territory or any portion of it was claimed 
by the British Government, made provision in the 
5th Article for the eventual settlement of the 
North-Eastern Boundary by an Umpire. 

But it may be safely affirmed from the discus- 
sions which were had on this occasion, in the 
course of which we were asked to cede to them a 
passage way for their mail between Halifax and 
Quebec for an equivalent, that it did not enter into 
the contemplation of the British or American 
Commissioners, that our title to this territory was, 
under this Article, to be draivn in question ; but 
they intended merely to provide a practical mode of 
runninj' and ascertaining the boundarv line on the 
surface of the ground. 

Tlicre seems to liave been an understandins: be- 
tween the Government of the United States and 
the British Government early in 1826, that each 
party should abstain from any acts which might be 
construed into an exercise of the rights of sover- 
eio-nty or soil over the disputed territory, except 



for the purpose of preserving it in its then present 
state, until the iiiuil tlctcrniination ofthe question. 
Tlie motive to this understanding, it is obvious, 
was the prevention of dangerous collisions between 
the people of neighboring and friendly powers. 
This understanding, it is believed, has been hither- 
to scrupulously observed on the part ofthe United 
States and this State 5 but the Committee arc 
concerned to say, it has not been respected by the 
authorities of New-Brunswick, and as recently as 
August la^st was expressly disclaimed and re- 
nounced by the British Government. Citizens of 
this State, settled on the Aroostic and other points 
within our ancient and well established limits, have 
been subjected to the operation of foreign laws — 
their possessions taken av/ay on writs of Trespass 
and Intrusion — their persons arrested on a charge 
of sedition and other offences against the crown of 
Great Britain, and tried, convicted and imprison- 
ed. — And when our Government have remonstrat- 
ed against these acts of aggression and outrage, 
what has been the answer of the British Govern- 
ment ? — " We will make you no satisfaction — tlie 
whole of this territory, of right, belongs to us, and 
therefore, we must, and will cause our laws to 
operate on all persons within it — and, if we have 
not just title to it, we have the actual possession 
and jurisdiction, and therefore, all, who settle or 
are found on this territory, owe a local and temp- 
orary obedience to the laws of New Brunswick." 
Thus this assumed exercise of jurisdiction over 



the whole disputed territory will, in all probabil- 
ity, at some future time, be urged by the British 
Government as evidence of their title, and our ac- 
quiescence in their claim. It is evident therefore, 
that we are not restrained by any supposed un- 
derstanding between us and the British Govern- 
ment from causing the authority of our laws to 
operate for the protection of our citizens settled 
on this territory, still less that we are not at liberty 
to prevent the forest lands from being stripped of 
their timber. 

The government of the United States, though 
it has assumed (and we are not disposed at this 
time to question the right) the authority to settle 
our title to this tract of country, by referring the 
dispute to an umpire, has no means, it Avill be re- 
collected, of exercising actual jurisdiction, or of 
making itself felt on this territory, except through 
the instrumentality of this State and its laws. If 
then the controversy should fail to be settled with- 
in two years, the time stipulated within which the 
umpire must decide, and which is perhaps, not im- 
probable, the question occurs, are we to remain 
silent and passive spectators, while our neighbors 
of New-Brunswick shall strip the land of its tim- 
ber, persecute and expel our citizens, and cause 
their own settlers to spread over the territory ? 
It is not beheved the people of Maine are prepared 
to submit to such usurpation — that they will suffer 
nearly one third of their whole territory to be thus 
wrested from them without an eflbrt or a murmur. 



The people of this State have a constitutional 
right to claim,]and do claim of the government of 
the United States, that they will not suffer the in- 
tegrity of our State to be violated — that they will 
assist us in preserving our ancient land-marks, and 
in vindicating our undoubted right to all the terri- 
tory assigned and secured to us by the treaty of 
1783. The present national administration has 
uniformly manifested a zeal and solicitude in rela- 
tion to this subject highly gratifying to the people 
of this State ; and we hope and trust the next ad- 
ministration w ill be equally anxious to vindicate 
and maintain all our just rights. 

All which, with the accompanying Bill '' To 
prevent Foreigners from exercising acts of juris- 
diction within this State by serving civil or crimi- 
nal process," is respectfully submitted. 

T. BOVTEL'LE, per order. 



*^.f 



state of Maine. 



In the year of our Lord one thousand eight hundred 

and tu'enty-nine. 

An Act to prevent Foreigners from exercising acts of jurisdiction 
within this State by serving civil or criminal process. 

Be it enacted by the Senate and House of Rep- 

2 resentatives, in Legislature assembled, That if 

3 any person, not a citizen of the United States, or 

4 any person under the authority, or color, or pre- 

5 tence of authority from any foreign prince, state, 

6 or government, shall enter upon any lands, cut any 

7 timber or serve any civil or criminal process, or 

8 exercise any act of jurisdiction, authority, orown- 

9 ership, or shall pretend or attempt, or claim right, 

10 or threaten to do or perform any of the acts afore- 

11 said within the limits of this State as described by 

12 the treaty of seventeen hundred and eighty-three, 

13 and always claimed and asserted by this State and 



8 

14 the United States, such person or person, and ev- 

15 ery person who shall in any measure, aid, abet, or 

16 encourage the same, shall be deemed guilty of a 

17 high misdemeanour, and shall be liable to be tried 

18 for the offence by any Court having competent jur- 

19 isdiction in any county within this State, and shall 

20 be punished by fine and imprisonment, at the dis- 

21 cretion of the Court, according to the nature and 

22 aggravation of the offence. 



HOUSE OF REPRESEITTATIVIiS; 

February 28, 1829. 

Read 1st and 2d time, and assigned for a 3d Read- 
ing on Monday next at 10 o'clock, and 300 copies 
ordered to be printed for the use of the Members. 
Extract from Journal. 

Attest, JAMES L. CHILD, Clerk. 



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